StudyQA service agreement between advisers and clients
StudyQA services agreement
1. This Agreement is made and entered into by and between StudyQA, 'Adviser' and 'Client' on the date the services were paid in full. The fact of the payment proves the acceptance of the present Agreement by the Client.
2. In consideration of the mutual covenants and promises contained herein, and for good and valuable consideration, the parties hereby agree as follows:
3.1. The parties agree that the educational recommendations and supplementary services (such as document editing, proofreading, advising, searching for scholarship, grants, universities, academic programmes, etc.) that are related to the process of searching for and applying to academic programmes at institutions and education providers of various levels are provided on a best effort basis, as a result of Adviser's professional evaluations of the student's needs, interests and abilities and are based on accuracy of information submitted by the student ("Client") and materials available from schools.
3.2. StudyQA's Responsibilities and Obligations.
StudyQA agrees to perform the following services: StudyQA agrees to perform the following services:
3.2.1. Provide an online platform ('website') where Clients can search for suitable Advisers.
3.2.2. Pre-screen and interview all Advisers who register on the StudyQA website to verify their identity and proof of educational credentials.
3.2.3. Process the payments for study abroad counselling services.
3.3. Adviser's Responsibilities and Obligations
3.3.1. Provide packages of services, which include 50 minutes consultations on various issues of the application process, document editing services, scholarship availability and suitability, test taking for Clients.
3.3.2. Editing, proofreading, reviewing of application documents, such as letters of recommendations, personal statements, essays, CVs, etc.
3.3.3. Individual search for academic programmes, scholarships, fellowships, long and short term programmes based on the client's information provided to the Adviser and the availability of such programmes.
3.3.4. Consultations (via email or Skype/Whatsapp/Telegram/Phone meeting) about the application process for the chosen program by the Client.
3.3.5. Agree on the suitable time and platform to conduct the consultation with the Client.
3.3.6. Keep up to date with the changes in regulations and admissions processes.
3.4. Range of services which the Adviser provides the Client is determined by the chosen package of services according to the website.
4. Timing of the services
4.1. Adviser will endeavor to respond to Client promptly but no later than within 72 hours.
4.2. StudyQA team exercises good faith efforts to return Client requests or phone calls and any documents within two (2) Business Days. "Business Day" shall mean any day during which StudyQA is open for business between the hours of 10:00 a.m. GMT and 7:00 p.m. GMT, other than Saturday and Sunday and designated holidays.
4.3. Adviser and Client have to agree on the mutually acceptable time for consultation promptly.
4.4. Commencement of work on a package of services should take place within 14 calendar days from the day following the payment for the service.
5. Timing of the packages of services
5.1. The timing depends on the package chosen:
5.1.1. "Basic". The consultation and information in written form should be provided to the Client within 15 business days from the moment of payment.
5.1.2. "Document editing". Every iteration on the document editing in written form should normally be provided to the Client within 2-3 business days from the day of payment unless a different timeframe has been agreed on between and Adviser and a Client.
5.1.3. "Individual selection of programs". The individual selection of universities and programs (usually between 5 to 10 programmes, unless a different quantity has been agreed on by the Adviser and a Client), in written form should be provided to the Client within 25 business days following the day of payment or upon receiving the filled out form containing Client's academic background and educational preferences whichever is the latest.
5.1.4. "Full admission support". The consultations, document editing services and other forms of support are provided until the Client applies to the university or within 6 months following the payment day, whichever occurs first.
5.1.5. "Personal adviser". The consultations, recommendations, advice and other forms of support are provided until the Client applies to the university or during 6 months following the payment day, whichever occurs first.
5.2. It is Adviser's and Client's responsibility to coordinate suitable time and online medium (e.g. Skype, WhatsApp, etc.) to arrange the consultation.
5.3. Both Adviser and Client have to be on time for the meeting. Late arrivals (over 10 min late) would be considered as no show and would not be refunded.
5.4. It is the Client's responsibility to provide as much information as possible and/or to fill out the form provided by the Adviser (if any) at least one week before the consultation to allow the Adviser to prepare for the meeting.
5.5. It is up to the Adviser to determine the quality of the information provided by the Client.
5.6. It is the Client's responsibility to plan the work around the deadlines. Neither StudyQA nor Advisers have any power over program deadlines and are not responsible for their change.
5.7. All the information exchanged should be either in English or Russian.
6. Client Responsibilities and Obligations
6.1. To remain in close communication with Adviser and, if necessary, StudyQA.
6.2. To provide accurate information about her/himself in a timely manner.
6.3. To provide documents for editing to the Adviser's e-mail in a timely manner in English or another language subject to approval by the Adviser.
6.4. To provide wishes regarding a country and a field of study to the Adviser's e-mail and official e-mail of StudyQA in a timely manner before the search on academic programmes begins.
6.5. Provide background information and preliminary questions to be discussed at the advising session.
6.6. Promptly and no later than within 3 working days get in touch with the Adviser, agree on a date and time for the commencement of work on a package of services and arrive on time for the consultation.
6.7. To attend the advisery session within 14 calendar days from the date of the purchase of the service.
6.8. Inform the Adviser of any changes to the personal circumstances, test results and other relevant matters immediately.
6.9. To precisely follow advice and guidance received from the Adviser in a timely manner and seek further clarifications if needed.
6.10. Submit documents, drafts, all related correspondence on time as advised by the Adviser to the educational institution, referees or other parties involved.
7. Payment obligations and method of payment
7.1. In consideration for the services to be performed by StudyQA, Client agrees to pay StudyQA for chosen service in full prior to the consultation taking place.
7.2. This fee is inclusive of tax and is not refundable. Client is obliged to pay the bill in full prior to the start of services. The payment ought to be made via the website: www.studyqa.com.
7.3. The prices on the website can change without prior notice.
7.4. StudyQA does not offer a refund if the Client is late for the consulting session, misses it, wants to reschedule it less than 7 working days in advance, stops participating for any other reason except a major failure on our part to provide services as specified in this Agreement.
8. Confidential Information. StudyQA will keep the Client's Documents and personal information confidential. Client agrees for their information to be shared with the Adviser, who they have chosen to have a consultation with and in case when StudyQA is assisting the Client to apply to its partner institutions. In this case such information as email, phone number, first and last name will be transferred to the institution in order to process the application of the Client. StudyQA editors and consultants may share the Client's Documents and information with other StudyQA editors and consultants. StudyQA may also share the Client's documents with third-party proofreaders for the purpose of proofreading or editing documents.
9. Intellectual Property Ownership. All the materials provided by StudyQA are confidential and intended for the Client only. The copyright for the educational materials, samples and guidelines belong to StudyQA.
10.1. By purchasing the StudyQA's Service and paying through the website www.studyqa.com, Client enters present Agreement and acknowledges that (A) this Agreement will become legally binding upon its acceptance of the payment by StudyQA, and (B) StudyQA makes no representations or warranties to Client, either expressed or implied, except to the extent set forth in this Agreement.
10.2. StudyQA guarantees that the Client of the "Full admission support" package will receive an invitation to study at least one of the universities chosen by the Adviser (subject to compliance with paragraphs 10.5 and 6.1) based on the predicted GPA, language tests and entry exam scores. The Adviser and StudyQA shall not be held liable should the GPA, language tests, entry exams of other circumstances of Client change in the duration of the service.
10.3. Services offered by StudyQA are provided "as is" without any warranty of any kind, either express or implied. Client agrees to be entirely responsible for the results Client gets from their relationship with StudyQA and any decisions Client makes as a result. StudyQA does not share in that responsibility. StudyQA does not make any claims or offer warranties other than what is stated in this Agreement.
10.4. StudyQA does not make any warranty of any kind (expressed or implied) as to the results that may be obtained from use of its Materials or Services. In particular, StudyQA does not guarantee that the Materials or Services will result in acceptance to a university or any other academic institution, or that the Materials or Services will result in an offer of financial aid or scholarship.
10.5. However, if the Client fails to gain the admissions into the most suitable institution as recommended by the Adviser in the first round despite following all the Adviser's guidelines and recommendations carefully, the Adviser will continue to advise on the next round of application free of charge for the same programme.
10.6. StudyQA is not liable for the actions of the Advisers. Should there be a dispute in the Adviser's actions, Clients are advised to liaison with the Advisers directly.
11. Limitation of Liability.
11.1. Consideration for this release and disclaimer of liability on behalf of StudyQA, shall be the services rendered by Advisers. The Client acknowledges that the consulting provided by Advisers is not to be construed as prophetic and acknowledges that such consulting provides freedom of personal choice at all times. There is no guarantee, implied or otherwise, that the consulting services provided by Advisers, will enhance admission to school or University or other program. To the maximum extent permitted by applicable law, Clients agrees that they will not hold StudyQA or our affiliates, directors, officers, employees, contractors, or representatives liable for any damages resulting from denied admission to any program, any denial of employment, or any other adverse consequences of Clients' use of our services. Clients acknowledge that they solely bear the responsibility for the preparation of their application materials (including but not limited to essays, cover letters, resumes, answers to application questions and addendums).
11.2. Clients acknowledge that StudyQA have not made any representations or promises about the effect Advisers' Services will have on Clients' chances of employment or admission to any program. StudyQA or Advisers are not Clients' attorneys and are not acting as one, nothing in the consulting services provided by Advisers constitutes legal advice.
12. Limitations on damages. To the maximum extent permitted by applicable law, in no event will StudyQA, its affiliates, directors, officers, employees, contractors, or representatives be held liable for any damages of any kind, including without limitation compensatory, direct, indirect, or consequential damages, loss of income, loss of or damage to property, and claims of third parties arising from any Clients' use of any information or services provided or offered by StudyQA and the Advisers.
13.1. The Client understands and accepts that their test scores (SAT, ACT, GRE, GMAT, TOEFL, IELTS, DALF, DELE, etc.), undergraduate/graduate GPA, professional background, disciplinary record, and many factors over which Advisers has no control will constrain and affect the Client's chances of admission to foreign universities.
13.2. Universities' application requirements and the processes by which they admit applicants may change from year to year, and Advisers may from time to time be unaware of such changes.
14. Termination of the contract, refunds and delays.
14.1. The Agreement is valid for one calendar year from the date of payment and is terminated once all obligations by StudyQA are fulfilled or on the last day of the calendar year, whichever comes first. Services cannot be partially or fully transferred to the next year for whatever reason.
14.2. StudyQA does not offer a refund if the client stops participating for any reason except a major failure on StudyQA part to provide services as specified in this Agreement.
14.3. Consultations cannot be refunded once the payment has been made.
14.4. Client is entitled to one change of date/time of the consultation. This should be done via email at least 7 business days before the scheduled date. The Client should contact their Adviser by email enquiring about the rescheduling of the date. If the Client cancels or wants to reschedule their consultation less than 6 business days before the consultation date, no refund will be provided. Client is entitled to one change of date/time of the consultation. No refunds will be given due to technical issues/poor internet connection on the Client's side or for being late or for any other reason.
14.5. StudyQA reserves the right to terminate this Agreement with 48 hours' notice if the Client misrepresents facts about him or herself, acts egregiously, or proves impossible to satisfy despite StudyQA's good faith efforts. In such cases, StudyQA shall refund the Client on a prorated basis.
14.6. StudyQA shall not be obligated to refund the Client if and because the Client is disappointed by the results of his or her Applications.
14.7. In case an Adviser chosen by the client cannot provide services for any reason, another Adviser shall be assigned. If the second assigned Adviser is also unable to provide services, the client will receive a refund for the unassigned portion of the service.
15. Conflict Resolution. Any claim relating to the services provided by StudyQA is governed by the laws of the District of Columbia. Any claim or controversy arising out of this Agreement and/or services by StudyQA or to any acts or omissions for which you may contend that we are liable, including but not limited to any claim or controversy as to the arbitrability of such dispute shall be first mediated and if the agreement was not achieved finally and exclusively settled in accordance to the District of Columbia legislation.
16. Website Terms of Service. You agree to our website's Terms of Service.